When two parties decide to end their marriage legally, there are requirements on how to go about it. These requirements are not exactly the same for each state. Divorce laws in New Jersey allow both parties the benefit of doubt in arriving at an agreement. It means that you do not necessarily have to appear before a judge. However, what you agree upon must be approved by a judge. In order to pull the process off, you need guidance from an experienced divorce lawyer. You are at liberty to choose a lawyer that you like.
Below are some basic facts on divorce laws:
- Child support: This is always one of the main things couples must deliberate upon. Divorce laws in New Jersey stipulate that both parents continue supporting their children until they turn 18. Alternatively, you should do so until your child has graduated from high school. In order to arrive at an appropriate figure, the courts take into consideration your incomes. They will also look at what the children need as well as your earning potential. A judge can order you to meet certain specific obligations such as paying for educational, medical and health expenses.
- Custody plan: This where visitation and custodianship comes in. The spouse who takes the children into custody must allow the other one visitation. Both of you should come up with an appropriate visitation agreement. Failure to do this will have a court making the plan for you. In doing this, the judge looks at how the child relates with either spouse.
- Alimony: Spousal maintenance is well covered under the provisions of divorce laws in New Jersey. Under the circumstances, New Jersey courts use a number of yardsticks to determine the alimony. These include your living standards while the marriage was still in force, employability level of both mates, level of education and earning capacity. These orders can be modified from time to time depending on the changing circumstances of each spouse.
- Division of property: Divorce laws in New Jersey allow for equitable distribution of property. The property in focus is that which you both acquired while the marriage was still in force. Any property that you inherited or received as a gift is not counted as divisible. The courts also look at how long you have been married, individual contribution to the acquisition of property and your economic circumstances when filing for divorce.
